§ 37-45-143 — Confirmation of contract proceedings

(1) In its discretion, the
board may file a petition in the court at any time, praying for a judicial examination
and determination of any power conferred or of any tax or assessment levied or of
any act, proceeding, or contract of the district, whether or not said contract has
been executed, including proposed contracts for the acquisition, construction,
maintenance, or operation of works for the district. Such petition shall set forth the
facts whereon the validity of such power, assessment, act, proceeding, or contract
is founded and shall be verified by the president of the board. Notice of the filing of
said petition shall be given by the clerk of the court, under the seal thereof, stating
in brief outline the contents of the petition and showing where a full copy of any
contract therein mentioned may be examined. The notice shall be served by
publication in at least five consecutive issues of a weekly newspaper of general
circulation published in the county in which the principal office of the district is
located and by posting the same in the office of the district at least thirty days prior
to the date fixed in said notice for the hearing on said petition.

(2) Any owner of property in the district or person interested in the contract
or proposed contract may appear and move to dismiss or answer said petition at any
time prior to the date fixed for said hearing or within such further time as may be
allowed by the court; and the petition shall be taken as confessed by all persons
who fail to appear.

(3) The petition and notice shall be sufficient to give the court jurisdiction,
and, upon hearing, the court shall examine into and determine all matters and
things affecting the question submitted, shall make such findings with reference
thereto, and shall render such judgment and decree thereon as the case warrants.
Costs may be divided or apportioned among the contesting parties in the discretion
of the trial court. Review of the judgment of the court may be had as in other similar
cases; except that such review must be applied for within thirty days after the time
of the rendition of such judgment or within such additional time as may be allowed
by the court within the thirty days. The Colorado rules of civil procedure shall
govern in matters of pleading and practice where not otherwise specified in this
article. The court shall disregard any error, irregularity, or omission which does not
affect the substantial rights of the parties.

Legislative History

Source: L. 37: p. 1355, � 36. CSA: C. 173B, � 50. CRS 53: � 149-6-38. C.R.S. 1963: � 150-5-38.